In what circumstances have executors been found to have breached trust by accepting a lower offer to purchase a property from a third party?
British Columbia, Canada
The following excerpt is from McShane v. Eusanio, 2011 BCSC 553 (CanLII):
In Graham v. Yeomans, the executors under a Will had sold property forming part of the estate at a price which was less than other offers to purchase which the executors knew had been made to the widow of the testator. Having been so informed by the widow, the executors went ahead and accepted a lower offer to purchase the property, without communicating with the other potential purchasers and without advertising the property for sale. That conduct was held to be negligent and in breach of trust.
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